Excelsior Correspondent
Srinagar, Dec 29: Jammu and Kashmir High Court today quashed the detention order of hardline separatist leader, Masrat Alam Bhat, and directed his release.
Justice MH Attar declared his detention as illegal and directed the authorities to release him. “The impugned detention orders dated 1.9.2015 and 30.11.2015 are quashed. The respondents are directed to release the detenue from the preventive custody”, court directed.
Court said the laws are sacred as they protect the rights of the people and it becomes duty of the court to enforce the laws of the land even in extreme circumstances.
Court said the detaining authority has in the grounds of detention recorded that detainee is required to be detained to prevent him from acting in any manner ‘prejudicial’ to the security of the State and maintain law and order.
Court to this referred Supreme Court ruling which says that a person can be detained either on the ground that his activities would be prejudicial to the security of the State or he can be detained to prevent him from indulging in such activities which would affect the public order. “The detention order suffers from lack of applicant of mind”, court said.
Other reason given with regard illegality of detention order of Alam, court said that his bail application was rejected by the trial court much before passing of detention order as such the detaining authority has shown complete lack of awareness about the important aspect of the case while the order of trial court (rejection of bail) was not challenged by Alam as such there was no occasion for the authority to pass another detention order.
Underscoring the importance of Article 21 of constitution, court said the liberty of an individual is his basic human right under the said article. Article 21 of the Indian constitution provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law.
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